How doI get my wife to move out of my house if I’m still legally married?

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How doI get my wife to move out of my house if I’m still legally married?

Asked on December 28, 2011 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Basically, you don't unless and until a final decree of divorce is granted or there is a separation or court order to the contrary. The reason is that you both have equal rights to possession and use of the "marital residence". This true no matter whose name the deed (or lease) is in.

So don't try any "self-help" measures such as changing the locks or removing her belongings. You can be sued of you do, plus this can work against you in a divorce action. At this point, you should consult directly with a divorce attorney in your area as to all of this.


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